العدالة أمام الأعباء العامة في قيام المسؤولية الدولة بدون الخطأ وتطبيقاتها

Abstract EN

The French judiciary made the principle of justice in front of public burdens the basis for this responsibility, and this was confirmed by the State Council in justifying the decision issued in his cases, as he justified this tendency that the state, by enacting this law, was not motivated by the protest against the plaintiff that he produced something that constituted a danger to public health.

Therefore, as long as this burden was for the necessities of the public interest, it must be borne by everyone, and then the plaintiff has the right to request compensation.

The state issues many laws through its legislative authority, with the aim of achieving the public interest and the interest of individuals together, but some of these laws may lead Sometimes causing extraordinary harm to some, which requires compensating them to achieve considerations of justice, and to establish the principle of justice in bearing public burdens.

This principle is based on the idea that it is no longer permissible for some individuals to bear alone the consequences of the damages caused by the activities of the authorities in order to achieve the public interest, even if this activity is embodied in the enactment and application of the law, which is a title of legitimacy and legitimacy, because the special damages that find their source in this The general activity of the administration leads to a complete imbalance between the obligations of individuals, their rights and interests, because it violates the principle of equality of all citizens before the public burdens.